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Rule 5. Service and filing of pleadingsand other papers.

(a) When service is required.

(a)(1) Papers that must be served. Except as otherwise provided inthese rules or as otherwise directed by the court, the following papers must beserved on every party:

(a)(1)(A) a judgment;

(a)(1)(B) an order that states it must be served;

(a)(1)(C) a pleading after the original complaint;

(a)(1)(D) a paper relating to disclosure or discovery;

(a)(1)(E) a paper filed with the court other than a motion thatmay be heard ex parte; and

(a)(1)(F) a written notice, appearance, demand, offer of judgment,or similar paper.

(a)(2) Serving parties in default. No service is required on a partywho is in default except that:

(a)(2)(A) a party in default must be served as ordered by thecourt;

(a)(2)(B) a party in default for any reason other than for failureto appear must be served as provided in paragraph (a)(1);

(a)(2)(C) a party in default for any reason must be served withnotice of any hearing to determine the amount of damages to be entered againstthe defaulting party;

(a)(2)(D) a party in default for any reason must be served withnotice of entry of judgment under Rule 58A(d); and

(a)(2)(E) a party in default for any reason must be servedunder Rule 4 with pleadings asserting new oradditional claims for relief against the party.

(a)(3) Service in actions begun byseizing property. If an action isbegun by seizing property and no person is or need be named as defendant, anyservice required before the filing of an answer, claim or appearance must bemade upon the person who had custody or possession of the property when it wasseized.

(b) How service is made.

(b)(1) Whom to serve. If a party is represented by anattorney, a paper served under this rule must be served upon the attorneyunless the court orders service upon the party. Service must be made upon theattorney and the party if

(b)(1)(A) an attorney has filed a Notice of Limited Appearanceunder Rule 75 and the papers being servedrelate to a matter within the scope of the Notice; or

(b)(1)(B) a final judgment has been entered in the action and morethan 90 days has elapsed from the date a paper was last served on the attorney.

(b)(2) When to serve. If a hearing is scheduled 7 daysor less from the date of service, a party must serve a paper related to thehearing by the method most likely to be promptly received. Otherwise, a paperthat is filed with the court must be served before or on the same day that itis filed.

(b)(3) Methods of service. A paper is served under this ruleby:

(b)(3)(A) except in the juvenile court, submitting it forelectronic filing, or the court submitting it to the electronic filing serviceprovider, if the person being served has an electronic filing account;

(b)(3)(B) emailing it to the email address provided by the personor to the email address on file with the Utah State Bar, if the person hasagreed to accept service by email or has an electronic filing account;

(b)(3)(C) mailing it to the person?s last known address;

(b)(3)(D) handing it to the person;

(b)(3)(E) leaving it at the person?s office with a person incharge or, if no one is in charge, leaving it in a receptacle intended forreceiving deliveries or in a conspicuous place;

(b)(3)(F) leaving it at the person?s dwelling house or usual placeof abode with a person of suitable age and discretion who resides there; or

(b)(3)(G) any other method agreed to in writing by the parties.

(b)(4) When service is effective. Service by mail or electronicmeans is complete upon sending.

(b)(5) Who serves. Unless otherwise directed by thecourt:

(b)(5)(A) every paper required to be served must be served by theparty preparing it; and

(b)(5)(B) every paper prepared by the court will be served by thecourt.

(c) Serving numerous defendants. If an action involves anunusually large number of defendants, the court, upon motion or its owninitiative, may order that:

(c)(1) a defendant?s pleadings and replies to them do not need tobe served on the other defendants;

(c)(2) any cross-claim, counterclaim avoidance or affirmative defensein a defendant?s pleadings and replies to them are deemed denied or avoided byall other parties;

(c)(3) filing a defendant?s pleadings and serving them on theplaintiff constitutes notice of them to all other parties; and

(c)(4) a copy of the order must be served upon the parties.

(d) Certificate of service. A paper required by this rule tobe served, including electronically filed papers, must include a signedcertificate of service showing the name of the document served, the date andmanner of service and on whom it was served. Except in the juvenilecourt, this paragraph does not apply to papers required to be served underparagraph (b)(5)(B) when service to all parties is made under paragraph(b)(3)(A). 

(e) Filing. Except as providedin Rule 7(j) and Rule 26(f), all papers after the complaint thatare required to be served must be filed with the court. Parties with anelectronic filing account must file a paper electronically. A party without anelectronic filing account may file a paper by delivering it to the clerk of thecourt or to a judge of the court. Filing is complete upon the earliest ofacceptance by the electronic filing system, the clerk of court or the judge.

(f) Filing an affidavit ordeclaration. If a person files anaffidavit or declaration, the filer may:

(f)(1) electronically file the original affidavit with a notaryacknowledgment as provided by Utah Code Section 46-1-16(7);

(f)(2) electronically file a scanned image of the affidavit ordeclaration;

(f)(3) electronically file the affidavit or declaration with aconformed signature; or

(f)(4) if the filer does not have an electronic filing account,present the original affidavit or declaration to the clerk of the court, andthe clerk will electronically file a scanned image and return the original tothe filer.

The filer must keep an original affidavit or declaration of anyoneother than the filer safe and available for inspection upon request until theaction is concluded, including any appeal or until the time in which to appealhas expired.

Advisory Committee Notes

 

Effective May 1, 2018